| Citation(s) |
|---|
| 1997 SLG 3002 1997 SLD 3002 = 1997 MLD 2416 |
Sindh High Court
First Rent Appeal No. 134 and Civil Miscellaneous Application No. 302 of 1996, decided on 15th December, 1996.
Presented By: Mrs. Majida Razvi, J
Ghulam Ghous for Appellant.
First Rent Appeal No. 134 and Civil Miscellaneous Application No. 302 of 1996, decided on 15th December, 1996.
Presented By: Mrs. Majida Razvi, J
Ghulam Ghous for Appellant.
Chaudhary FAIZ MUHAMMAD ---Appellant
VERSUS
Mst. FARIDA RAZI --- Respondent
Law:
Section:
Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 16(2) & 21---West Pakistan General Clauses Act (VI of 1956), S. 9--- Non-compliance with tentative rent order of Court in specific month---Tenant's defence was struck off and order of ejectment passed against him ---Validity--- Rent was to be deposited in Court on or before 10th of each calendar month-- Date of 10th and 11th of defaulting month fell on Friday and Saturday which were closed holidays---Rent was deposited by tenant on first working day i.e. 12th of the concerned month---No other delay in depositing arrears or future rent which could import element of negligence or wilful disobedience on the part of tenant was found---No default was committed by tenant in view of S.9 of the General Clauses Act, 1956---Order of ejectment passed against tenant on that count was set aside and case was remanded for proceeding afresh with the same. Abdul Rehman v. Haji Mir Ahmed Khan-PLD 1991 SC 844 rel. Ghulam Ghous for Appellant. Nemo for Respondent. ORDER The, present F.R.A. has been filed assailing Ute order dated 1-4-1996 passed by the learned VIIth Senior Civil Judge/Rent Controller Karachi East, in an application under section 16(2) of the Sindh. Rented Premises Ordinance, 1979, filed by the present appellant in Rent Case No.333 of 1991 as a result of which the learned Rent Controller had struck off the defence of the appellant and orders were passed to vacate the rented premises within sixty days. Notices of this appeal were served on the respondent as per bailiff's report dated 23-11-1996, but none .is present on their behalf, nor any objections have been filed. The brief facts are that the respondent is the owner/landlady, of the building on the Plot No. 71/I-D D-Market, Nursery. Commercial Area, Block 6, PECHS Karachi, and the, appellant is the, tenant in respect of the first floor of the said 'building. The respondent filed ejectment application against the present appellant under section 15 of the Sindh Rented. Premises Ordinance, 1979, inter alia on the ground of default in the payment of rent since March, 1987. The appellant filed his…